Abstract

http://ssrn.com/abstract=2044697
 


 



A Minor Problem with Arbitration: A Proposal for Arbitration Agreements Contained in Employment Contracts of Minors


Matthew Miller-Novak


affiliation not provided to SSRN

Richard A. Bales


Ohio Northern University - Ohio Northern University College of Law

April 23, 2012

McGeorge Law Review, Vol. 44, 2012

Abstract:     
The Supreme Court has interpreted the Federal Arbitration Act as strongly favoring the enforcement of arbitration agreements. An issue that the Supreme Court has not yet addressed – and on which state and federal courts are split – is the enforceability of employment arbitration agreements signed by minors. This article argues that arbitration agreements in minors’ employment contracts should be voidable, with three exceptions: when (1) the arbitration agreement (or container employment agreement) is signed by the minor’s guardian on the minor’s behalf, (2) the minor is emancipated, and (3) the minor is suing to enforce the employment contract.

Number of Pages in PDF File: 30

Keywords: arbitration, minor, juvenile, faa employment

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Date posted: April 26, 2012  

Suggested Citation

Miller-Novak, Matthew and Bales, Richard A., A Minor Problem with Arbitration: A Proposal for Arbitration Agreements Contained in Employment Contracts of Minors (April 23, 2012). McGeorge Law Review, Vol. 44, 2012. Available at SSRN: http://ssrn.com/abstract=2044697

Contact Information

Matthew Miller-Novak
affiliation not provided to SSRN ( email )
Richard A. Bales (Contact Author)
Ohio Northern University - Ohio Northern University College of Law ( email )
525 South Main Street
Ada, OH 45810
United States
419-772-2205 (Phone)
HOME PAGE: http://law.onu.edu/node/3073
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